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PHARMACEUTICAL MANUFACTURERS ASSOCIATION v. GARDNER

No. 20541.

381 F.2d 271 (1967)

PHARMACEUTICAL MANUFACTURERS ASSOCIATION et al., Appellants, v. John W. GARDNER, Secretary of Health, Education and Welfare et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 16, 1967.

Attorney(s) appearing for the Case

Mr. Gerhard v. Gesell, Washington, D. C., with whom Messrs. Stanley L. Temko, Herbert Dym, Henry T. Rathbun and Lloyd N. Cutler, Washington, D. C., were on the brief, for appellants.

Mr. William W. Goodrich, Asst. Gen. Counsel, Dept. of Health, Education and Welfare, with whom Asst. Atty. Gen. Fred M. Vinson, Jr., and Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Joseph M. Hannon, Asst. U. S. Attys., and Mrs. Joanne S. Sisk, Atty., Dept. of Health, Education and Welfare, were on the brief, for appellees.

Before WRIGHT, McGOWAN and LEVENTHAL, Circuit Judges.

McGOWAN, Circuit Judge:

Appellants are a trade association and some of its individual members, interested in the manufacture of vitamin and mineral elements and the foods to which such elements are added. They sought declaratory and injunctive relief in the District Court against appellees, whose responsibility it is to administer the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1040 (1938), as amended, 21 U.S.C. § 301 et seq. (1964). Their complaint...

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